Judge slams Proud Boys’ claim that attack a free-speech issue
A federal judge emphatically rejected the claim by four members of the white nationalist Proud Boys that they were only exercising their First Amendment rights by attacking the Capitol on Jan. 6.
District of Columbia Federal Judge Timothy Kelly said Tuesday that the extremists are facing felony charges because they allegedly led a violent effort to overturn the presidential election, not for speaking out against supposed election fraud as they claimed.
“Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands or participating in mere sit-ins or protests,” Kelly wrote in a 43-page opinion.
“Quite obviously, there were many avenues for defendants to express their opinions about the 2020 presidential election, or their views about how Congress should perform its constitutional duties on Jan. 6, without resorting to the conduct with which they have been charged,” added Kelly, who was appointed by former President Donald Trump.
The ruling clears the way for the landmark trial of Ethan Nordean, Joseph Biggs, Charles Donohoe and Zachary Rehl to begin in February.
The four leaders of the proTrump militia group could face 20 years in prison on obstruction of Congress and conspiracy charges, including working together to equip and train members in a paramilitary-style assault on the Capitol.
The charges are a staple of prosecutors’ efforts to hold planners of the bloody riot to account for their actions. Members of the congressional select committee probing the attack have suggested they may refer Trump for prosecution on the same charge.
Trump and his right-wing allies have sought to downplay the attack as a peaceful protest. But video evidence shows the brutality of the crowd that overran outnumbered cops and hunted for perceived enemies, including former Vice President Mike Pence.
Several accused Capitol rioters, including the infamous so-called QAnon Shaman, have pleaded guilty to avoid going to trial in hopes of getting lesser sentences.